As the Government today closes its consultation on further
changes to the UK whistleblowing legislation, one question seems to
have divided opinion more than any other: should financial
incentives be offered to encourage would-be whistleblowers to
report wrongdoing and malpractice?
On 25 June 2013, a number of changes to the UK whistleblowing
legislation were introduced by The Enterprise and Regulatory Reform
Act 2013 (ERRA). It established a new "public
interest" test for protected disclosures which no longer need
to be made in "good faith" (although if a disclosure is
made in bad faith, the level of any compensation payable to an
individual who has suffered a detriment as a result of having made
a disclosure can be reduced by up to 25%). The ERRA also introduces
vicarious liability for employers if a worker is subjected to a
detriment by a co-worker for making a disclosure. This brings
whistleblowing legislation in line with discrimination legislation
and allows
